A statute inconsistent with the Iowa Constitution must be declared
void, even though it may be supported by strong and deep-seated traditional
beliefs and popular opinion. Iowa Const. art. XII, § 1 (providing any law
inconsistent with the constitution is void). As Chief Justice John Marshall
wrote over two centuries ago, “It is a proposition too plain to be contested,
that the constitution controls any legislative act repugnant to it . . . .”
Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177, 2 L. Ed. 60, 73 (1803).
It is also well established that courts must, under all circumstances,
protect the supremacy of the constitution as a means of protecting our
republican form of government and our freedoms.
The law is biased in favor of protecting the individual liberties of citizens over the intrusive legalism of the government, or the anger of the mob.
I'm personally opposed to gay marriage as I believe it's sinful. But there are plenty of other sins out there that need more regulation to protect citizens from injustice - like the sins of gossip, slander, hypocrisy, greed, envy, lust, pride, and rage. "Let him who is without sin cast the first stone..."